IN THE CASE OF:	  

		BOARD DATE:	       16 DECEMBER 2008

		DOCKET NUMBER:  AR20080013300 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military records be corrected to show the award of the Army Commendation Medal.

2.  The applicant essentially states that an award of the Army Commendation Medal was mailed to his overseas address listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty), and that he received this after his release from active duty.  He also states that he recently requested a copy of his DD Form 214 from the National Personnel Records Center in St. Louis, Missouri, and realized after he received it that it did not reflect that he had been awarded the Army Commendation Medal.

3.  The applicant provides his DD Form 214, a certificate showing that he was awarded the Army Commendation Medal, and a letter, dated 7 August 2008, from the National Personnel Records Center in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Regular Army on 17 May 1977.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist), and was later awarded MOS 91D (Operating Room Specialist).  He then served with the 47th Field Hospital at Fort Sill, Oklahoma until he was honorably released from active duty on 16 May 1981.  His DD Form 214 shows that he was awarded the Good Conduct Medal, the Humanitarian Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

3.  The applicant requested that his military records be corrected to show the award of the Army Commendation Medal, and provided a certificate which appears to show that he was awarded the Army Commendation Medal for meritorious service during the period 17 November 1977 to 16 February 1981 while serving at Fort Sill, Oklahoma.  However, Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) also does not show that he was awarded the Army Commendation Medal.  There are no orders in his military records which show that he was awarded the Army Commendation Medal, and the applicant did not provide orders which awarded him the Army Commendation Medal.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Army Commendation Medal. 

2.  The evidence provided by the applicant, in the form of an Army Commendation certificate, was carefully considered.  However, this evidence is not corroborated by any information in the available military records.  The fact that the applicant is in possession of a certificate for this award was noted; however, possession of a certificate does not automatically entitle the applicant to this award.  All awards of the Army Commendation Medal must be announced in official orders to validate these awards, which the applicant did not provide, and are not in his military records.

3.  While the sincerity of the applicant's claim to entitlement to award of the Army Commendation Medal is not questioned, regrettably, absent orders which officially awarded him this medal, there is insufficient basis upon which to correct his military records to show the award of the Army Commendation Medal.

4.  The applicant is advised that he should immediately submit a request for reconsideration if he is in possession of orders which awarded him the Army Commendation Medal, and ensure that he provides a complete copy of those orders, to include an authenticating signature.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _XXX   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080013300



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ABCMR Record of Proceedings (cont)                                         AR20080013300



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